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Srimati Dassya and anr. Vs. Nibaran Chandra Ghosh - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in56Ind.Cas.240
AppellantSrimati Dassya and anr.
RespondentNibaran Chandra Ghosh
Excerpt:
criminal procedure code (act v of 1898), section 133 - absence of one of the jurors at the time of making investigation, effect of--report of other jurors, whether should be acted upon--procedure. - 1. in this case we make this kale absolute. the rule was granted on the second ground that the report of the jurors was defective as only four out of the five jurors were present at the time of the investigation and so the report was illegal and it ought not to have been relied on. it appears that the magistrate acted upon the report. in our judgment he should not have done so. he should have appointed a fresh jury and allowed the proceedings to go on with the fresh jury.2. the rule is made absolute. the magistrate must appoint a fresh jury.
Judgment:

1. In this case we make this Kale absolute. The Rule was granted on the second ground that the report of the Jurors was defective as only four out of the five Jurors were present at the time of the investigation and so the report was illegal and it ought not to have been relied on. It appears that the Magistrate acted upon the report. In our judgment he should not have done so. He should have appointed a fresh Jury and allowed the proceedings to go on with the fresh Jury.

2. The Rule is made absolute. The Magistrate must appoint a fresh Jury.


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